Navigating the complexities of maritime law after a maritime accident can be overwhelming, especially when dealing with smaller boat companies. These companies often lack detailed accident or investigation reports, which can be crucial for your maritime injury claim.
In contrast, large offshore drilling companies like Transocean, ENSCO, and Diamond are meticulous in their documentation. However, this disparity in reporting doesn’t have to hinder your case.
As a seasoned New Orleans offshore injury attorney, I understand the intricacies of maritime law, the Jones Act, and federal law. It’s vital to swiftly gather statements from witnesses or co-employees who can corroborate your account.
Emails and text messages between you and your company or colleagues can serve as critical written documents supporting your claim.
With the right legal guidance from experienced maritime lawyers, you can ensure that every piece of evidence is leveraged to strengthen your case.
How Maritime Law Applies to Vessel Injuries
Maritime law, also known as admiralty law, is a body of laws and regulations that govern maritime activities, including shipping, navigation, and offshore work. This specialized area of law is designed to protect the rights of maritime workers, including offshore workers, and to provide pathways to recovering damages related to maritime accidents and injuries. Maritime law plays a crucial role in ensuring that offshore workers are protected from injuries and illnesses, and that they receive fair compensation for any harm they suffer.
Experienced offshore injury attorneys are well-versed in maritime law and can help injured offshore workers navigate the complex process of filing a claim and seeking compensation. These maritime injury attorneys understand the intricacies of maritime laws and can provide the necessary legal guidance to ensure that injured offshore workers receive the compensation they rightfully deserve. Whether dealing with medical expenses, lost wages, or long-term impacts of an injury sustained on a vessel, having an experienced offshore injury attorney by your side can make a big difference in the outcome of your case.
Smaller Vessel Companies Can Quickly Make Changes to Cover Their Tracks
After maritime injuries, smaller vessel companies often fail to complete the necessary accident and investigation reports, creating significant challenges in the legal process. These companies may also neglect to document changes made to the vessel after an accident, which can be a critical issue in your case.
Unlike large oil rigs, where changes are more difficult to implement and document, vessels can be quickly modified, potentially complicating your claim. In our experience with offshore injuries, we have encountered numerous instances where vessels or their equipment were altered post-accident, necessitating a thorough investigation to uncover the truth.
We always recommend taking photos immediately after any maritime injury, especially if it occurred on a vessel. Vessels can be easily altered, unlike large oil rigs, making photographic evidence crucial.
In one notable case, a boat owner removed broken winches from his vessel the day after we served him with the court claim. Fortunately, we were able to secure scrap yard records to prove this in court and achieved a favorable settlement for our client.
Having an experienced attorney by your side can ensure that these critical details are uncovered and properly documented.
Offshore injury lawyers are well-versed in federal maritime law and understand the tactics companies may use to cover their tracks.
With the right legal guidance, you can navigate the complexities of your claim and secure the compensation you deserve.
Your Company is Supposed to Meet Safety Guidelines
Your vessel accident may have been caused by the vessel’s mobility, which is a very common cause of injuries on vessels.
Many injured vessel workers dismiss such accidents and assume that they were not careful enough while working on the deck.
What you need to know, though, is that since the boat you worked on floated and moved about on the water, you were subject to working on moving surfaces and uneven decks, dangerous at best and deadly at worst.
In the offshore industry, workers face specific safety challenges due to the hazardous nature of offshore jobs, where the risk of injury is significantly higher than onshore work.
This is important because detailed rules require your vessel to have non-skid deck surfaces, proper handrails, and other safeguards to protect you from slip-and-fall injuries.
Over the years, we have handled many dangerous deck surface cases and have learned how rough it is for you guys to walk and work on the deck even during normal travel, much less offshore loading and unloading.
The good news is that you can rely on the vessel design rules and Coast Guard rules that required your boat to have non-skid surfaces, proper matting, handrails, proper ladders and other safeguards to protect you.
Small Crew, Potentially Big Impact on Your Case
Many vessels have very small crews of less than 10 and most often less than 20. Some tugs only have 3 or 4 crewmembers per rotation. This means that what these few people say and how they testify can be very important in your offshore accident case. Unlike oil rigs which have 100 or more people working on them, in your case you may only have 2 or 3 key witnesses whose testimony will be very important in your claim.
Sitting down quickly with these guys to get statements from them can be very important in your case. We routinely obtain statements for our clients quickly after an accident to avoid ‘poor memories’ down the road. Filing your claim in court early also allows you to quickly document everyone’s version of your accident.
Challenging the “That’s the Way We’ve Always Done It” Mindset
In handling countless maritime injury cases and assisting injured rig and boat workers over the years, a recurring theme is the belief that a job must be safe if it is always done a certain way.
Challenging unsafe practices is crucial not only for improving safety standards but also to secure compensation for damages. Offshore workers frequently tell us they can’t identify anything their company did wrong because they follow standard procedures. However, the critical question in court is not about how often a task is performed in the same manner but whether it was performed in the safest possible way.
Many of our clients need to be made aware of alternative methods or better equipment that could have been used because they were never trained or informed about them.
During maritime injury cases, the judge often instructs the jury that long-standing practices are not necessarily safe practices and that identifying liable parties is crucial. Here’s a typical instruction given to the jury:
“You must determine if the operation in question was reasonably safe. The fact that a certain practice has been continued for a long period does not necessarily mean that it is reasonably safe under all circumstances. A long-accepted practice may be an unsafe practice.”
This means that just because your job was done in a customary way at the time of your injury does not guarantee it was the safest or correct way to perform it.
Understanding this distinction is crucial when offshore workers seek compensation for their injuries.
An experienced attorney can help an injured offshore worker demonstrate that standard procedures were not necessarily safe, strengthening your case and ensuring you receive the compensation you deserve.
Understanding Maritime Law and Your Rights
Maritime law, also known as admiralty law, governs legal issues and disputes on navigable waters, including oceans, rivers, and lakes. It is a focused area of law that addresses the rights and responsibilities of maritime workers, vessel owners, and other parties involved in maritime activities.
Understanding maritime law is crucial for anyone who works on or around water, as it provides unique protections and legal avenues not available under standard personal injury law. In the context of a maritime injury case, it is important to understand these specific legal protections and regulations to explore potential compensation options.
How Maritime Law Differs from Personal Injury Law
Maritime law differs from general personal injury law in several key ways:
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Jurisdiction: Maritime law applies to incidents on navigable waters, which are bodies of water used for interstate or international commerce. This is distinct from personal injury law, which typically applies to incidents that occur on land.
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Legal Framework: Maritime law is governed by international treaties, federal statutes, and case law, whereas personal injury claims and personal injury law are primarily governed by state laws.
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Compensation: Maritime law offers different types of compensation for injured workers, often through federal statutes like the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA).
The Jones Act
The Jones Act is a federal law that provides specific protections to seamen—individuals who work on vessels operating in navigable waters. Under the Jones Act, seamen injured due to their employer’s negligence can file a Jones Act claim to sue them for damages.
This significantly differs from standard workers’ compensation claims, which typically do not require proof of negligence.
Compensation under the Jones Act can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Mental anguish
The Jones Act is a powerful tool for injured maritime workers, ensuring they have a legal avenue to seek maximum compensation for their injuries.
Longshore and Harbor Workers’ Compensation Act (LHWCA)
The LHWCA compensates maritime employees not covered by the Jones Act, such as longshoremen, harbor workers, and other employees who work on or around navigable waters but are not considered seamen. The LHWCA covers:
- Medical treatment costs
- Compensation for lost wages during recovery
- Rehabilitation services
- Benefits to dependents in case of a work-related death
Unlike the Jones Act, the LHWCA does not require proof of employer negligence. Workers are entitled to benefits simply by proving that their injury occurred during employment.
General Maritime Law
In addition to specific statutes like the Jones Act and the LHWCA, general maritime law provides a broader legal framework for resolving maritime cases and disputes.
Key principles of general maritime law include:
- Maintenance and Cure: An employer’s obligation to provide medical care and living expenses to injured seamen until they reach maximum medical improvement.
- Unseaworthiness: The right of maritime workers to a safe and seaworthy vessel. Employers must ensure that vessels are properly maintained and safe for their intended use.
- Maritime Liens: Legal claims against a vessel for unpaid debts related to maritime services, such as repairs, supplies, or crew wages.
A skilled maritime lawyer is essential for navigating the complexities of general maritime law, which also covers various other issues, such as salvage rights, maritime contracts, and environmental regulations.
Protecting Your Rights
If you are a maritime worker injured on the job, understanding your legal rights under maritime law is essential. The unique protections offered by the Jones Act, the LHWCA, and general maritime law can significantly impact your ability to secure fair compensation.
Consulting with a New Orleans offshore injury attorney who specializes in maritime law can help you navigate these complex legal waters and ensure that your rights are fully protected.
Whether dealing with medical expenses, lost wages, or the long-term impact of a serious injury, having an experienced maritime injury lawyer by your side can make all the difference in achieving a favorable outcome for your case.
The Offshore Environment
Understanding the unique challenges and conditions of working on a vessel offshore.
The offshore environment is unique and poses significant challenges to offshore workers. Working offshore can be hazardous, with workers exposed to harsh weather conditions, heavy machinery, and complex equipment. Offshore workers may also be at risk of injuries from accidents, such as slips and falls, equipment failures, and explosions. Additionally, offshore workers may be exposed to hazardous substances and materials, which can cause serious health problems.
Maritime laws, including the Jones Act and the Harbor Workers Compensation Act, provide important protections for offshore workers, including the right to seek compensation for injuries and illnesses sustained while working offshore. These laws ensure that injured offshore workers can receive medical treatment, compensation for lost wages, and other benefits. An offshore injury lawyer can help injured offshore workers understand their rights and options under maritime law, guiding them through the process of filing a claim and securing the compensation they deserve.
Types of Offshore Accidents and Vessel Injuries
Offshore work is inherently risky, and various types of accidents can occur, leading to serious injuries or even death. Some common types of offshore accidents include:
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Slips and Falls: The wet and slippery surfaces on offshore platforms and vessels can lead to slips and falls, resulting in injuries such as fractures, sprains, and head injuries. Proper safety measures, such as non-skid surfaces and handrails, are essential to prevent these accidents.
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Equipment Failures: Offshore workers often operate heavy machinery and complex equipment. Equipment failures, whether due to poor maintenance or manufacturing defects, can cause severe injuries. Regular inspections and maintenance are crucial to ensure equipment safety.
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Explosions and Fires: The presence of flammable materials and hazardous substances on offshore platforms increases the risk of explosions and fires. These incidents can cause catastrophic injuries, including burns, respiratory issues, and traumatic injuries.
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Falling Objects: Offshore workers are at risk of being struck by falling objects, such as tools, equipment, or debris. These accidents can result in serious injuries, including head trauma and spinal injuries.
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Chemical Exposure: Exposure to hazardous chemicals and substances can lead to long-term health issues, such as respiratory problems, skin conditions, and other serious illnesses. Proper safety protocols and protective equipment are essential to minimize these risks.
Maritime laws provide avenues for injured offshore workers to seek compensation for their injuries. An experienced offshore injury attorney can help navigate the legal complexities and ensure that injured workers receive the compensation they deserve for medical expenses, lost wages, and other damages.
FAQ Section
Q: What should I do immediately after a maritime injury?
After a maritime injury, it’s essential to seek medical attention right away and keep track of any medical bills incurred. Please make sure to document the incident as thoroughly as possible, including taking photos, obtaining witness statements, and keeping all relevant communication. Contacting a New Orleans offshore injury attorney can help ensure that your rights under maritime law are protected and that you gather the necessary evidence for your claim.
Q: How does the Jones Act protect injured maritime workers?
The Merchant Marine Act, which includes the Jones Act, provides injured maritime workers the right to seek compensation from their employers for injuries sustained due to negligence. This federal law is designed to offer protections similar to those found in workers’ compensation claims, including coverage for medical expenses, lost wages, and fair compensation for pain and suffering.
Q: Can I still file a claim if my company didn’t complete detailed accident reports?
A: Yes, you can still file a claim even if your company didn’t complete detailed accident reports. Gathering other forms of evidence, such as witness statements, emails, and text messages, to support your case is crucial. An experienced New Orleans offshore injury attorney can help you navigate this process and ensure that your maritime injury claim is strong.
Q: What types of compensation can I seek after a maritime accident?
A: After a maritime accident, you may be entitled to various types of compensation, including medical expenses, lost wages, and compensation for serious injuries. The Jones Act and other maritime laws ensure that injured maritime workers receive fair compensation for their injuries and losses.
Q: How long do I have to file a maritime injury claim?
The statute of limitations for filing an offshore injury case or maritime injury claim can vary, but under the Jones Act, you generally have three years from the date of the injury to file a claim. It’s important to consult with a New Orleans offshore injury attorney as soon as possible to ensure you meet all necessary deadlines and preserve your rights.
Q: What should I expect during the process of a maritime injury claim?
A: A maritime injury claim involves several steps, including gathering evidence, filing the claim, and possibly negotiating with the employer or their insurance company. Throughout this process, your attorney will advocate for your rights and work to secure the compensation you deserve for your medical expenses, lost wages, and other damages. Importantly, many offshore accident attorneys work on a contingency fee basis, meaning you will only incur legal fees if you win your case.
Q: Do I need a specialized attorney for my maritime injury claim?
A: Yes, hiring a New Orleans offshore injury attorney is highly recommended for offshore injury claims and maritime injury claims. Maritime law is complex, and a lawyer with specific experience handling offshore accident claims can provide the experience needed to navigate the legal system and maximize your chances of receiving fair compensation.
The Young Firm
400 Poydras St, Ste 2090
New Orleans, LA 70130
504-608-6308
